Bill S202A-2013

Provides for banning the possession, sale or manufacture of assault weapons, subject to an exception; expands duties of superintendent of state police; repealer

Adds additional weapon models to the definition of an assault weapon and adds related definitions; bans the possession, sale or manufacture of assault weapons, subject to an exception; expands the duties of the superintendent of state police with respect to identifying assault weapons.

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BILL NUMBER:S202A

TITLE OF BILL: An act to amend the penal law and the general business law, in relation to banning the possession, sale or manufacture of assault weapons; and to repeal subdivision 22 of section 265.00 of the penal law relating thereto

PURPOSE: To expand and improve New York State's ban on military-style assault weapons.

SUMMARY OF PROVISIONS:

Section 2 repeals Subdivision 22 of section 265.00 of the penal law and a new subdivision 22 is added that expands and clarifies the characteristics of what constitutes an "assault weapon" and also adds conversion kits, for converting a firearm into an assault weapon, to the list of banned items.

Section 4 amends Section 265.20 of the penal law by adding a new subdivision e that provides exemptions for persons who own a weapon lawfully possessed before July first two thousand thirteen and who render the assault weapon permanently inoperable or surrender the assault weapon as provided for in subparagraph (f) paragraph one of subdivision a of Section 265.20 of the penal law or register the assault weapon as provided for in Section three hundred ninety-six-ff of the general business law.

Section 5 adds a new section 396-ff to the general business law that provides for the promulgation of rules and regulations by the division of state police for the addition of information identifying assault weapons lawfully possessed prior to January first two thousand thirteen to the databank established by this section.

EXISTING LAW:; Current law tans a number of specific weapons and their copies and semiautomatic pistols and rifles with a detachable ammunition magazine and two or more military style features. Specific banned weapons include AE-47s, Uris, Tec-9s, and Street Sweepers.

JUSTIFICATION: This proposal will significantly strengthen New York State's current law prohibiting the sale, possession and use of military-style assault weapons, particularly in light of the expiration of the 1994 federal law banning such weapons.

The gun industry has worked to evade the recently expired federal assault weapon ban by making insignificant, mostly cosmetic, changes in the design of banned assault weapons and then marketing them as "postban" guns. In 2002, the Washington, D.C. area snipers used a Bushmaster. "post-ban" AR-15-style assault rifle in a killing spree that left 10

dead and three wounded. At the same time, new assault weapons have come onto the marketplace, such as the Hi-Point. Carbine used in the 1999 Columbine massacre.

Assault weapons, both pre- and post-ban guns, continue to pose a serious threat to the police and public throughout the United States. According to FBI data, assault weapons were used to kill one out of five law enforcement officers slain in the line of duty from 1998 through 2001. Assault weapons have been used in some of the most notorious mass shootings since the federal ban was enacted in 1994, including the 1997 shooting at the Caltrans Maintenance Yard in Orange, California, where four were killed and two were wounded (AK-47 assault rifle), the Columbine High School massacre in 1999 that left 13 dead and 23 wounded (TSC-DC9 assault pistol and Hi-Point Carbine), the 2000 shooting at the Edgewater Technology office in Wakefield, Massachusetts, that left seven dead (AK-47 assault rifle) and, the 2001 shooting at Navistar International Corporation in which four were killed and four wounded (SKS assault rifle).

New York State's assault weapon ban law works. It has made the streets of New York State safer. An improved assault weapon ban will provide even more protection for New Yorkers, especially the men and women of the law enforcement community.

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STATE OF NEW YORK
________________________________________________________________________
202--A
2013-2014 Regular Sessions
IN SENATE
(PREFILED)
January 9, 2013
___________

Introduced by Sens. SQUADRON, AVELLA, BRESLIN, DIAZ, GIANARIS, KRUEGER,
SERRANO, STAVISKY -- read twice and ordered printed, and when printed
to be committed to the Committee on Codes -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the penal law and the general business law, in relation
to banning the possession, sale or manufacture of assault weapons; and
to repeal subdivision 22 of section 265.00 of the penal law relating
thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The New York state legislature finds that semi-automatic
assault weapons are military-style guns designed to allow rapid and
accurate spray firing for the quick and efficient killing of humans. The
shooter can simply point - as opposed to carefully aim - the weapon to
quickly spray a wide area with a hail of bullets. Gun manufacturers have
for many years made, marketed and sold to civilians semi-automatic
versions of military assault weapons designed with features specifically
intended to increase lethality for military applications. As a result,
approximately 2,000,000 assault weapons are currently in circulation in
the United States. These weapons have been the weapon of choice in the
most notorious mass shootings of innocent civilians in the United
States, including the 1999 massacre at Columbine High School (TEC-DC9
assault pistol and Hi-Point Carbine) and the 2002 Washington, D.C.-area
sniper shootings (Bushmaster XM15 assault rifle). According to FBI data,
between 1998 and 2001, one in five law enforcement officers slain in the
line of duty was killed with an assault weapon. In 2003, New York lost
two of its finest when undercover officers in the elite Firearms Inves-
tigation Unit of the NYPD Organized Crime Control Bureau were brutally
murdered while attempting to purchase an illegal TEC-9 semi-automatic

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00271-03-3

S. 202--A 2

assault weapon. The availability of military-style assault weapons poses
a serious threat to the public health and safety. Most citizens, includ-
ing most gun owners, believe that assault weapons should not be avail-
able for civilian use.
S 2. Subdivision 22 of section 265.00 of the penal law is REPEALED and
a new subdivision 22 is added to read as follows:
22. "ASSAULT WEAPON" MEANS ANY:
(A) SEMI-AUTOMATIC RIFLE THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:
(I) A PISTOL GRIP OR THUMBHOLE STOCK;
(II) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(III) A FOLDING OR TELESCOPING STOCK;
(IV) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE
NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT
ENCLOSES THE BARREL; OR
(V) A MUZZLE BRAKE OR MUZZLE COMPENSATOR;
(B) SEMI-AUTOMATIC PISTOL, OR ANY SEMI-AUTOMATIC, CENTERFIRE RIFLE
WITH A FIXED MAGAZINE, THAT HAS THE CAPACITY TO ACCEPT MORE THAN TEN
ROUNDS OF AMMUNITION;
(C) SEMI-AUTOMATIC PISTOL THAT HAS THE CAPACITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS ONE OR MORE OF THE FOLLOWING:
(I) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(II) A FOLDING, TELESCOPING OR THUMBHOLE STOCK;
(III) A SHROUD ATTACHED TO THE BARREL, OR THAT PARTIALLY OR COMPLETELY
ENCIRCLES THE BARREL, ALLOWING THE BEARER TO HOLD THE FIREARM WITH THE
NON-TRIGGER HAND WITHOUT BEING BURNED, BUT EXCLUDING A SLIDE THAT
ENCLOSES THE BARREL;
(IV) A MUZZLE BRAKE OR MUZZLE COMPENSATOR; OR
(V) THE CAPACITY TO ACCEPT A DETACHABLE MAGAZINE AT ANY LOCATION
OUTSIDE OF THE PISTOL GRIP;
(D) SEMI-AUTOMATIC SHOTGUN THAT HAS ONE OR MORE OF THE FOLLOWING:
(I) A PISTOL GRIP, A THUMBHOLE STOCK OR A VERTICAL HANDGRIP;
(II) A FOLDING OR TELESCOPING STOCK;
(III) A FIXED MAGAZINE CAPACITY IN EXCESS OF FIVE ROUNDS; OR
(IV) AN ABILITY TO ACCEPT A DETACHABLE MAGAZINE;
(E) SHOTGUN WITH A REVOLVING CYLINDER; OR
(F) CONVERSION KIT, PART, OR COMBINATION OF PARTS, FROM WHICH AN
ASSAULT WEAPON CAN BE ASSEMBLED IF THOSE PARTS ARE IN THE POSSESSION OR
UNDER THE CONTROL OF THE SAME PERSON.
(G) MODIFICATIONS OF SUCH FEATURES, OR OTHER FEATURES, DETERMINED BY
RULES AND REGULATIONS OF THE SUPERINTENDENT OF STATE POLICE TO BE NOT
PARTICULARLY SUITABLE FOR SPORTING PURPOSES. IN ADDITION, THE SUPER-
INTENDENT OF STATE POLICE SHALL, BY RULES AND REGULATIONS, DESIGNATE
SPECIFIC SEMI-AUTOMATIC CENTERFIRE OR RIMFIRE RIFLES OR SEMI-AUTOMATIC
SHOTGUNS, IDENTIFIED BY MAKE, MODEL, AND MANUFACTURER'S NAME, TO BE
WITHIN THE DEFINITION OF ASSAULT WEAPON, IF THE SUPERINTENDENT OF STATE
POLICE DETERMINES THAT SUCH WEAPONS ARE NOT PARTICULARLY SUITABLE FOR
SPORTING PURPOSES. A LIST OF ASSAULT WEAPONS, AS DETERMINED BY THE
SUPERINTENDENT OF STATE POLICE, SHALL BE MADE AVAILABLE ON A REGULAR
BASIS TO THE GENERAL PUBLIC.
PROVIDED, HOWEVER, THAT SUCH TERM DOES NOT INCLUDE ANY WEAPON THAT HAS
BEEN RENDERED PERMANENTLY INOPERABLE.

S. 202--A 3

S 3. Section 265.00 of the penal law is amended by adding four new
subdivisions 24, 25, 26 and 27 to read as follows:
24. "DETACHABLE MAGAZINE" MEANS ANY AMMUNITION FEEDING DEVICE THAT CAN
BE INSERTED INTO A FIREARM INCLUDING ANY FEEDING DEVICE THAT CAN BE
LOADED OR UNLOADED WHILE DETACHED FROM THE FIREARM.
25. "MUZZLE BRAKE" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A WEAPON
THAT UTILIZES ESCAPING GAS TO REDUCE RECOIL.
26. "MUZZLE COMPENSATOR" MEANS A DEVICE ATTACHED TO THE MUZZLE OF A
WEAPON THAT UTILIZES ESCAPING GAS TO CONTROL MUZZLE MOVEMENT.
27. "FIXED MAGAZINE" MEANS AN AMMUNITION FEEDING DEVICE CONTAINED IN,
OR PERMANENTLY ATTACHED TO, A FIREARM IN SUCH A MANNER THAT THE DEVICE
CANNOT BE REMOVED WITHOUT DISASSEMBLY OF THE FIREARM ACTION.
S 4. Section 265.20 of the penal law is amended by adding a new subdi-
vision e to read as follows:
E. POSSESSION OF AN ASSAULT WEAPON ON PROPERTY OWNED OR IMMEDIATELY
CONTROLLED BY THE PERSON, OR WHILE ON THE PREMISES OF A LICENSED
GUNSMITH FOR THE PURPOSE OF LAWFUL REPAIR, OR WHILE ENGAGED IN THE LEGAL
USE OF THE ASSAULT WEAPON AT A DULY LICENSED FIRING RANGE, OR WHILE
TRAVELING TO OR FROM THESE LOCATIONS, BY A PERSON WHO LAWFULLY POSSESSED
SUCH WEAPON PRIOR TO JULY FIRST, TWO THOUSAND THIRTEEN AND WHO, PRIOR TO
OCTOBER FIRST, TWO THOUSAND THIRTEEN:
1. RENDERS THE ASSAULT WEAPON PERMANENTLY INOPERABLE; OR
2. SURRENDERS THE ASSAULT WEAPON TO THE APPROPRIATE LAW ENFORCEMENT
AGENCY AS PROVIDED FOR IN SUBPARAGRAPH (F) OF PARAGRAPH ONE OF SUBDIVI-
SION A OF THIS SECTION; OR
3. REGISTERS THE ASSAULT WEAPON AS PROVIDED FOR IN SECTION THREE
HUNDRED NINETY-SIX-FF OF THE GENERAL BUSINESS LAW.
S 5. The general business law is amended by adding a new section 396-
ff to read as follows:
S 396-FF. RULES AND REGULATIONS. THE DIVISION OF STATE POLICE SHALL
NO LATER THAN JULY FIRST, TWO THOUSAND THIRTEEN, PROMULGATE RULES AND
REGULATIONS FOR THE ADDITION OF INFORMATION IDENTIFYING ASSAULT WEAPONS
LAWFULLY POSSESSED PRIOR TO JANUARY FIRST, TWO THOUSAND THIRTEEN TO THE
DATABANK ESTABLISHED BY THIS SECTION. SUCH RULES AND REGULATIONS SHALL,
AT A MINIMUM, SPECIFY PROCEDURES BY WHICH THE OWNER OF AN ASSAULT WEAPON
LAWFULLY POSSESSED PRIOR TO JULY FIRST, TWO THOUSAND THIRTEEN IS TO
DELIVER AN ASSAULT WEAPON AND VERIFICATION OF A BACKGROUND CHECK
REQUIRED BY 18 USC S 922 TO THE REGIONAL PROGRAM FOR TESTING AND PROMPT
RETURN. UPON RECEIPT OF THE SEALED CONTAINER AND INSPECTION OF A CERTIF-
ICATE PROVING THAT A BACKGROUND CHECK HAS BEEN CONDUCTED AND THE OWNER
IS NOT PROHIBITED FROM POSSESSING A FIREARM, THE DIVISION OF STATE
POLICE SHALL CAUSE TO BE ENTERED IN THE AUTOMATED ELECTRONIC DATABANK
PERTINENT DATA, INCLUDING BALLISTIC INFORMATION RELEVANT TO IDENTIFICA-
TION OF THE SHELL CASING AND TO THE ASSAULT WEAPON FROM WHICH IT WAS
DISCHARGED, AND THE DATE AND PLACE OF THE BACKGROUND CHECK AND THE NAME
OF THE INDIVIDUAL WHO CONDUCTED SUCH BACKGROUND CHECK.
S 6. Severability. If any provision or term of this act is for any
reason declared unconstitutional or invalid or ineffective by any court
of competent jurisdiction, such decision shall not affect the validity
or the effectiveness of the remaining portions of this act or any part
thereof.
S 7. This act shall take effect July 1, 2013; provided that the divi-
sion of state police is authorized to promulgate any and all rules and
regulations and take any other measures necessary to implement this act
on its effective date on or before such date.

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